S03867 Summary:

BILL NOS03867
 
SAME ASSAME AS A00342
 
SPONSORLANZA
 
COSPNSRBOYLE
 
MLTSPNSR
 
Rpld 350, 351, 353, 353-a, 353-b, 353-c, 353-d, 353-e, 353-f, 354, 355, 356, 359, 360, 361, 362, 363, 364, 365, 366, 366-a, 368, 375 & 376, 374 sub 8, amd 108, 123, 332 & 373, Ag & Mkts L; add Part 3 Title Q Art 280 280.00 - 280.125, Pen L; amd 399-aa, Gen Bus L; amd 352.3, 446, 551, 656, 759, 842 & 1056, Fam Ct Act; amd 530.12, 530.13 & 700.05, CP L; amd 11-0103, En Con L; amd 1264-a, Pub Auth L; amd 17-1601 & 20-383, NYC Ad Cd
 
Relates to codifying animal cruelty laws under the penal law; makes conforming technical changes.
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S03867 Actions:

BILL NOS03867
 
02/20/2019REFERRED TO DOMESTIC ANIMAL WELFARE
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S03867 Committee Votes:

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S03867 Floor Votes:

There are no votes for this bill in this legislative session.
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S03867 Memo:

Memo not available
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S03867 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3867
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
 
        AN ACT to amend the penal law, in relation to codifying  animal  cruelty
          laws  under  such  law;  to amend the agriculture and markets law, the
          general business law, the family court  act,  the  criminal  procedure
          law,  the  environmental  conservation law, the public authorities law
          and the administrative code of the city of New York,  in  relation  to
          making  necessary  technical  and  conforming  changes;  and repealing
          certain provisions of the agriculture and markets law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Sections 350, 351, 353, 353-a, 353-b, 353-c, 353-d, 353-e,
     2  353-f, 354, 355, 356, 359, 360, 361, 362, 363,  364,  365,  366,  366-a,
     3  368, 375 and 376 of the agriculture and markets law are REPEALED.
     4    §  2.  Subdivision 8 of section 374 of the agriculture and markets law
     5  is REPEALED.
     6    § 3. Part 3 of the penal law is amended by adding a  new  title  Q  to
     7  read as follows:
     8                                   TITLE Q
     9                          OFFENSES AGAINST ANIMALS
    10                                 ARTICLE 280
    11                          OFFENSES AGAINST ANIMALS
    12  Section 280.00  Offenses against animals; definitions of terms.
    13          280.05  Facilitating animal fighting in the first degree.
    14          280.06  Facilitating animal fighting in the second degree.
    15          280.07  Facilitating animal fighting in the third degree.
    16          280.10  Overdriving,  torturing  or injuring animals; failure to
    17                    provide proper sustenance.
    18          280.15  Aggravated cruelty to animals.
    19          280.20  Failure to provide appropriate shelter for  a  dog  left
    20                    outdoors.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02155-01-9

        S. 3867                             2
 
     1          280.25  Electrocution of fur-bearing animals.
     2          280.30  Confinement  of a companion animal in a vehicle; extreme
     3                    temperatures.
     4          280.35  Participation in a prohibited practice  at  a  companion
     5                    animal grooming facility.
     6          280.40  Piercing and tattooing of a companion animal.
     7          280.45  Unlawful sale of baby chicks and baby rabbits.
     8          280.50  Abandonment of an animal.
     9          280.55  Failure  to  provide  proper food and drink to impounded
    10                    animals.
    11          280.60  Carrying an animal in a cruel manner.
    12          280.65  Poisoning or attempting to poison animals in  the  first
    13                    degree.
    14          280.66  Poisoning  or attempting to poison animals in the second
    15                    degree.
    16          280.70  Interference with or injury to certain domestic animals.
    17          280.75  Throwing a substance injurious to animals  in  a  public
    18                    place.
    19          280.80  Unauthorized possession of dogs; presumptive evidence of
    20                    larceny.
    21          280.85  Running horses on a highway.
    22          280.90  Clipping or cutting the ears of a dog.
    23          280.95  Stealing a companion animal.
    24          280.100 Removing,  seizing  or  transporting  a dog for research
    25                    purposes.
    26          280.105 Unlawfully operating upon the tails of horses.
    27          280.110 Evidentiary and impoundment procedures by members of law
    28                    enforcement.
    29          280.115 Disposition of  animals  through  forfeiture  procedures
    30                    after conviction.
    31          280.120 Officer  may  take  possession  of animals or implements
    32                    used in fights among animals.
    33          280.125 Disposition of animals  or  implements  used  in  fights
    34                    among animals.
    35  § 280.00 Offenses against animals; definitions of terms.
    36    The following definitions are applicable to this article:
    37    (a) "Animal" includes every living creature except a human being.
    38    (b)  "Torture"  or "cruelty" includes every act, omission, or neglect,
    39  whereby unjustifiable physical pain, suffering or  death  is  caused  or
    40  permitted.
    41    (c) "Adoption" means the delivery to any natural person eighteen years
    42  of  age  or  older, for the limited purpose of harboring a pet seized or
    43  surrendered.
    44    (d) "Farm animal" means any  ungulate,  poultry,  species  of  cattle,
    45  sheep,  swine,  goats, llamas, horses or fur-bearing animals, as defined
    46  in section 11-1907 of the  environmental  conservation  law,  which  are
    47  raised  for  commercial or sustenance purposes. Fur-bearing animal shall
    48  not include dogs or cats.
    49    (e) "Companion animal" or "pet" means any dog or cat, and  shall  also
    50  mean  any  other  domesticated animal normally maintained in or near the
    51  household of the owner or person who cares for such  other  domesticated
    52  animal. "Pet" or "companion animal" shall not include a "farm animal" as
    53  defined in subdivision (d) of this section.
    54    (f)  "Animal  fighting"  shall  mean  any fight between cocks or other
    55  birds, or between dogs, bulls, bears or any other animal, or between any

        S. 3867                             3
 
     1  such animal and a person or persons, except in  exhibitions  of  a  kind
     2  commonly featured at rodeos.
     3    (g) "Animal fighting paraphernalia" shall mean equipment, products, or
     4  materials  of  any kind that are used, intended for use, or designed for
     5  use in the training, preparation, conditioning or furtherance of  animal
     6  fighting. Animal fighting paraphernalia shall include the following:
     7    (i)  a  breaking  stick,  which  means a device designed for insertion
     8  behind the molars of a dog for the purpose of breaking the dog's grip on
     9  another animal or object;
    10    (ii) a cat mill, which means a device that rotates  around  a  central
    11  support  with  one  arm designed to secure a dog and one arm designed to
    12  secure a cat, rabbit, or other small animal beyond the grasp of the dog;
    13    (iii) a treadmill, which means an exercise  device  consisting  of  an
    14  endless belt on which the animal walks or runs without changing places;
    15    (iv) a springpole, which means a biting surface attached to a stretch-
    16  able  device,  suspended  at  a  height sufficient to prevent a dog from
    17  reaching the biting surface while touching the ground;
    18    (v) a fighting pit, which means a walled area,  or  otherwise  defined
    19  area, designed to contain an animal fight; or
    20    (vi)  any other instrument commonly used in the furtherance of pitting
    21  an animal against another animal.
    22    (h) "Physical condition" shall include any special medical needs of  a
    23  dog  due to disease, illness, injury, age or breed about which the owner
    24  or person with custody or control of the dog should reasonably be aware.
    25    (i) "Inclement weather" shall mean weather conditions that are  likely
    26  to  adversely  affect  the  health or safety of a dog, including but not
    27  limited to, rain, sleet, ice, snow, wind, or extreme heat and cold.
    28    (j) "Dogs that are left outdoors" shall mean dogs that are outdoors in
    29  inclement weather without ready access to, or the ability  to  enter,  a
    30  house,  apartment  building,  office  building,  or  any other permanent
    31  structure that complies with the standards established  under  paragraph
    32  (ii) of subdivision (b) of section 280.20 of this article.
    33    (k)  "Fur-bearing  animal"  shall  include arctic fox, red fox, silver
    34  fox, chinchilla, mink,  pine  marten,  muskrat,  and  those  fur-bearing
    35  animals  included  within the provisions of section 11-1907 of the envi-
    36  ronmental conservation law.
    37    (l) "Cage and box dryer" shall mean a product that is attached  to  or
    38  near  a cage or box for the purpose of drying or aiding in the drying of
    39  a companion animal contained in a cage or box, which is capable of func-
    40  tioning without a person manually holding a dryer.
    41    (m) "Companion animal grooming facility" shall mean  an  establishment
    42  where a companion animal may be bathed, brushed, clipped or styled for a
    43  fee.
    44    (n)  "Tattoo" shall mean a mark on the body made with indelible ink or
    45  pigments injected beneath the outer layer of the skin.
    46    (o) "Baby rabbit" shall mean a rabbit of less than two months of age.
    47  § 280.05 Facilitating animal fighting in the first degree.
    48    A person is guilty of facilitating animal fighting in the first degree
    49  when he or she:
    50    (a) for amusement or gain, causes  any  animal  to  engage  in  animal
    51  fighting; or
    52    (b) trains any animal under circumstances evincing an intent that such
    53  animal engage in animal fighting for amusement or gain; or
    54    (c)  breeds,  sells  or offers for sale any animal under circumstances
    55  evincing an intent that such animal engage in animal fighting; or

        S. 3867                             4
 
     1    (d) permits any act described in subdivision (a), (b) or (c)  of  this
     2  section to occur on premises under his or her control; or
     3    (e)  owns,  possesses  or keeps any animal trained to engage in animal
     4  fighting on premises where an exhibition of  animal  fighting  is  being
     5  conducted under circumstances evincing an intent that such animal engage
     6  in animal fighting.
     7    Facilitating animal fighting in the first degree is a class D felony.
     8  § 280.06 Facilitating animal fighting in the second degree.
     9    A  person  is  guilty  of  facilitating  animal fighting in the second
    10  degree when he or she:
    11    (a) owns, possesses or keeps any animal under  circumstances  evincing
    12  an intent that such animal engage in animal fighting;
    13    (b)  paid an admission fee or made a wager at any place where an exhi-
    14  bition of animal fighting is being conducted;
    15    (c) knowingly participates as a spectator at any place where an  exhi-
    16  bition  of  animal  fighting  is being conducted and has been previously
    17  found guilty of such offense or for violating subdivision  (b)  of  this
    18  section in the previous five years; or
    19    (d)  intentionally  owns,  possesses, sells, transfers or manufactures
    20  animal fighting paraphernalia with the intent to engage in or  otherwise
    21  promote  or  facilitate  animal  fighting  and has been previously found
    22  guilty of such offense in the previous five years.
    23    Facilitating animal fighting in the second degree is a class A  misde-
    24  meanor.
    25  § 280.07 Facilitating animal fighting in the third degree.
    26    A person is guilty of facilitating animal fighting in the third degree
    27  when he or she:
    28    (a)  knowingly participates as a spectator at any place where an exhi-
    29  bition of animal fighting is being conducted; or
    30    (b) intentionally owns, possesses, sells,  transfers  or  manufactures
    31  animal  fighting paraphernalia, as defined in subdivision (g) of section
    32  280.00 of this article, with  the  intent  to  engage  in  or  otherwise
    33  promote or facilitate animal fighting.
    34    Facilitating  animal  fighting in the third degree is a class B misde-
    35  meanor.
    36  § 280.10 Overdriving, torturing or injuring animals; failure to  provide
    37             proper sustenance.
    38    (a)  A person is guilty of overdriving, torturing, injuring or failing
    39  to provide proper sustenance to an animal if he or she:
    40    (i) overdrives, overloads, tortures, beats or  unjustifiably  injures,
    41  maims,  mutilates or kills any animal, whether wild or tame, and whether
    42  belonging to such person or to another;
    43    (ii) deprives any animal of necessary food or drink by  neglecting  or
    44  refusing to furnish an animal with such food or drink;
    45    (iii)  causes,  procures or permits any animal to be overdriven, over-
    46  loaded, tortured, beaten, or unjustifiably injured, maimed, mutilated or
    47  killed;
    48    (iv) causes, procures or permits any animal to be deprived  of  neces-
    49  sary food or drink; or
    50    (v) wilfully instigates, engages in, or in any way furthers any act of
    51  cruelty to any animal, or any act tending to produce such cruelty.
    52    (b)  Nothing  in this section shall be construed to prohibit or inter-
    53  fere with any properly conducted scientific tests, experiments or inves-
    54  tigations, involving the use of living animals, performed  or  conducted
    55  in  laboratories  or institutions, which are approved for these purposes
    56  by  the  commissioner  of  health.  The  commissioner  of  health  shall

        S. 3867                             5
 
     1  prescribe the rules under which such approvals shall be granted, includ-
     2  ing  therein  standards  regarding  the  care  and treatment of any such
     3  animals. Such rules shall be published and copies thereof  conspicuously
     4  posted  in  each  such  laboratory or institution.   The commissioner of
     5  health or his or her duly authorized representative shall have the power
     6  to inspect such laboratories or institutions to insure  compliance  with
     7  such  rules and standards. Each such approval may be revoked at any time
     8  for failure to comply with such rules and in any case the approval shall
     9  be limited to a period not exceeding one year.
    10    Overdriving, torturing or  injuring  animals  or  failing  to  provide
    11  sustenance to an animal is a class A misdemeanor.
    12  § 280.15 Aggravated cruelty to animals.
    13    (a)  A  person  is  guilty of aggravated cruelty to animals when he or
    14  she, with no justifiable purpose, intentionally kills  or  intentionally
    15  causes  serious  physical  injury  to a companion animal with aggravated
    16  cruelty.  For purposes of this section, "aggravated cruelty" shall  mean
    17  conduct which:
    18    (i) is intended to cause extreme physical pain; or
    19    (ii)  is  done  or  carried  out in an especially depraved or sadistic
    20  manner.
    21    (b) Nothing contained in this section shall be construed  to  prohibit
    22  or  interfere  in any way with anyone lawfully engaged in hunting, trap-
    23  ping, or fishing, as provided in article  eleven  of  the  environmental
    24  conservation law; the dispatch of rabid or diseased animals, as provided
    25  in  article twenty-one of the public health law; the dispatch of animals
    26  posing a threat to human safety or other animals, where such  action  is
    27  otherwise  legally  authorized;  or  any  properly  conducted scientific
    28  tests, experiments,  or  investigations  involving  the  use  of  living
    29  animals, performed or conducted in laboratories or institutions approved
    30  for  such purposes by the commissioner of health pursuant to subdivision
    31  (b) of section 280.10 of this article.
    32    Aggravated cruelty to animals is a class D felony.
    33  § 280.20 Failure to provide appropriate shelter for a dog left outdoors.
    34    (a) A person is guilty of failing to provide appropriate shelter for a
    35  dog left outdoors, as defined in subdivision (j) of  section  280.00  of
    36  this  article,  when  he  or  she knowingly fails to provide appropriate
    37  shelter specific to the breed and physical condition of such dog and the
    38  climate outdoors.
    39    (b) For purposes of this section, minimum  standards  for  determining
    40  whether  shelter  is appropriate to the breed and physical condition, as
    41  defined in subdivision (h) of section 280.00 of this  article,  of  such
    42  dog and the climate outdoors shall include:
    43    (i)  for  dogs  that  are  restrained in any manner outdoors, shade by
    44  natural or artificial means to protect such dog from direct sunlight  at
    45  all  times when exposure to sunlight is likely to threaten the health of
    46  such dog;
    47    (ii) for all dogs left outdoors in inclement weather, a housing facil-
    48  ity, which must: (1) have a waterproof roof; (2) be  structurally  sound
    49  with  insulation appropriate to local climatic conditions and sufficient
    50  to protect such dog from inclement weather; (3) be constructed to  allow
    51  each  dog  adequate  freedom of movement to make normal postural adjust-
    52  ments, including the ability to stand up, turn around and lie down  with
    53  its  limbs  outstretched;  and (4) allow for effective removal of excre-
    54  tions, other waste material including  but  not  limited  to,  dirt  and
    55  trash.  Such  housing  facility  and the area immediately surrounding it

        S. 3867                             6
 
     1  shall be regularly cleaned to maintain a healthy and  sanitary  environ-
     2  ment and to minimize health hazards.
     3    (c) Inadequate shelter may be indicated by the appearance of the hous-
     4  ing  facility  itself,  including  but  not limited to, size, structural
     5  soundness, evidence of crowding within such housing facility,  healthful
     6  environment in the area immediately surrounding such facility, or by the
     7  appearance or physical condition of the dog.
     8    (d)  Nothing  in  this  section  shall  be  construed  to  affect  any
     9  protections afforded to dogs or other animals under any other provisions
    10  of this article.
    11    (e) Nothing in this section shall prevent the seizure of a dog  for  a
    12  violation  of  this section pursuant to the authority granted under this
    13  article. Upon a finding of any violation of this  section,  any  dog  or
    14  dogs  seized  pursuant  to  the provisions of this article that have not
    15  been voluntarily surrendered by the  owner  or  custodian  or  forfeited
    16  pursuant to court order shall be returned to the owner or custodian only
    17  upon proof that appropriate shelter as required by this section is being
    18  provided.
    19    (f)  Beginning  seventy-two  hours  after  a  charge of violating this
    20  section, each day that a defendant fails to correct the deficiencies  in
    21  the  dog  shelter for a dog that he or she owns or that is in his or her
    22  custody or control and that is left outdoors, so as to bring such  shel-
    23  ter  into  compliance with the provisions of this section, shall consti-
    24  tute a separate offense.
    25    Failure to provide appropriate shelter for dogs  left  outdoors  is  a
    26  violation  punishable  by a fine of not less than fifty dollars nor more
    27  than one hundred dollars for a first offense, and a  fine  of  not  less
    28  than  one  hundred dollars nor more than two hundred fifty dollars for a
    29  second and subsequent offenses. The court may, in its discretion, reduce
    30  the amount of any fine imposed for a violation of this  section  by  the
    31  amount  which  the  defendant proves he or she has spent providing a dog
    32  shelter or repairing an existing dog shelter to comply with the require-
    33  ments of this section.
    34  § 280.25 Electrocution of fur-bearing animals.
    35    A person is guilty of electrocution of fur-bearing animals when he  or
    36  she,  notwithstanding any other provision of law, intentionally kills or
    37  stuns a fur-bearing animal by means of an electrical current.
    38    Electrocution of fur-bearing animals is a class A misdemeanor.
    39  § 280.30 Confinement of a companion animal in a vehicle; extreme temper-
    40             atures.
    41    (a) A person is guilty of confinement of a companion animal in a vehi-
    42  cle in extreme temperatures when he or she confines a  companion  animal
    43  in a motor vehicle in extreme heat or cold without proper ventilation or
    44  other  protection  from such extreme temperatures where such confinement
    45  places such companion animal in imminent  danger  of  death  or  serious
    46  physical injury due to exposure to such extreme heat or cold.
    47    (b)  If  the  operator  of  such vehicle cannot be promptly located, a
    48  police officer, peace officer, or peace officer acting as an agent of  a
    49  duly  incorporated humane society may take necessary steps to remove the
    50  animal or animals from such vehicle.
    51    (i) Police officers, peace officers or peace officers acting as agents
    52  of a duly incorporated humane society removing an animal or animals from
    53  a vehicle pursuant to this section shall place a written notice on or in
    54  the vehicle, bearing the name of the officer or agent, and  the  depart-
    55  ment or agency and address where the animal or animals will be taken.

        S. 3867                             7
 
     1    (ii)  An  animal  or  animals  removed from a vehicle pursuant to this
     2  section shall, after  receipt  of  any  necessary  emergency  veterinary
     3  treatment, be delivered to the duly incorporated humane society or soci-
     4  ety for the prevention of cruelty to animals, or designated agent there-
     5  of, in the jurisdiction where the animal or animals were seized.
     6    (iii)  Officers  shall  not  be  held criminally or civilly liable for
     7  actions  taken  reasonably  and  in  good  faith  in  carrying  out  the
     8  provisions of this section.
     9    (c) Nothing contained in this section shall be construed to affect any
    10  other   protections  afforded  to  companion  animals  under  any  other
    11  provisions of this article.
    12    Confinement of a companion animal in a vehicle in extreme temperatures
    13  is a violation punishable by a fine of not less than fifty  dollars  nor
    14  more  than  one  hundred  dollars for a first offense, and a fine of not
    15  less than one hundred dollars nor more than two  hundred  fifty  dollars
    16  for a second and subsequent offenses.
    17  § 280.35 Participation  in  a  prohibited practice at a companion animal
    18             grooming facility.
    19    (a) A person is guilty of participating in a prohibited practice at  a
    20  companion  animal  grooming  facility,  as defined in subdivision (m) of
    21  section 280.00 of this article, when he or she uses a cage or box dryer,
    22  as defined in subdivision (l) of section 280.00 of this  section,  which
    23  contains  a  heating  element with the heating element turned on for the
    24  purpose of drying or aiding in the drying of a companion animal.
    25    (b) Nothing contained in this section  shall  limit  or  abrogate  any
    26  claim  or  cause  of  action  any person may have under common law or by
    27  statute. The provisions of this section shall be in addition to any such
    28  common law and statutory remedies.
    29    Participation in a prohibited practice at a companion animal  grooming
    30  facility  is  a violation punishable by a civil penalty of not less than
    31  two hundred fifty dollars nor more than five hundred  dollars  for  each
    32  violation.
    33  § 280.40 Piercing and tattooing of a companion animal.
    34    A person is guilty of piercing or tattooing of a companion animal when
    35  he or she:
    36    (a)  pierces or causes to have pierced a companion animal, unless such
    37  piercing provides a medical benefit to the companion animal whereas such
    38  piercing shall be performed by a  licensed  veterinarian  or  under  the
    39  supervision of a licensed veterinarian; or
    40    (b) tattoos or causes to have tattooed a companion animal, unless such
    41  tattoo, as defined in subdivision (n) of section 280.00 of this article:
    42    (i)  is  done  in  conjunction with a medical procedure performed by a
    43  licensed veterinarian or under the supervision of a licensed veterinari-
    44  an for the benefit of the companion animal and  to  indicate  that  such
    45  medical  procedure  has  been done, provided that such tattoo is not for
    46  design purposes; or
    47    (ii) is done for the purpose of identification of the companion animal
    48  and not for design purposes, and such tattoo includes only such  numbers
    49  and/or  letters allotted by a corporation that, in the regular course of
    50  its business, maintains an animal tattoo identification registry.
    51    Piercing and tattooing of a companion animal is a violation.
    52  § 280.45 Unlawful sale of baby chicks and baby rabbits.
    53    (a) A person is guilty of unlawful sale of baby chicks or baby rabbits
    54  when he or she:
    55    (i) sells, offers for sale, barters or gives away living baby  chicks,
    56  ducklings  or  other fowl or baby rabbits, as defined in subdivision (o)

        S. 3867                             8
 
     1  of section 280.00 of this article, unless such  person  provides  proper
     2  brooder  facilities  appropriate for the care of such baby chicks, duck-
     3  lings or other fowl or baby rabbits during the  time  they  are  in  the
     4  possession of such person;
     5    (ii)  sells,  offers for sale, barters or displays living baby chicks,
     6  ducklings or other fowl or baby rabbits which have been dyed, colored or
     7  otherwise treated so as to impart to them an artificial color; or
     8    (iii) sells, offers for  sale,  barters  or  gives  away  living  baby
     9  chicks,  ducklings or other fowl or baby rabbits under two months of age
    10  in any quantity less than six.
    11    (b) Nothing under this section shall  be  interpreted  or  applied  to
    12  prevent  or  restrict  teachers and qualified instructors of youth under
    13  the guidance and supervision of the New York state cooperative extension
    14  service from using eggs for  non-profit  educational  purposes  or  from
    15  observing  fowl  hatched  from  such  eggs  for  non-profit  educational
    16  purposes.
    17    Unlawful sale of baby chicks and baby rabbits is a class  A  misdemea-
    18  nor.
    19  § 280.50 Abandonment of an animal.
    20    A  person  is guilty of abandonment of an animal when he or she, being
    21  the owner or possessor, or having charge or custody of an animal,  aban-
    22  dons such animal, or leaves it to die in a street, road or public place,
    23  or  who  allows  such animal, if it becomes disabled, to lie in a public
    24  street, road or public place more than  three  hours  after  he  or  she
    25  receives notice that it is left disabled.
    26    Abandonment of an animal is a class A misdemeanor.
    27  § 280.55 Failure to provide proper food and drink to impounded animals.
    28    (a)  A  person  is  guilty of failure provide proper food and drink to
    29  impounded animals when he or  she,  having  impounded  or  confined  any
    30  animal, refuses or neglects to supply to such animal during its confine-
    31  ment  a  sufficient  supply of good and wholesome air, food, shelter and
    32  water.
    33    (b) If any animal shall be impounded pursuant to  subdivision  (a)  of
    34  this  section, and shall continue to be without necessary food and water
    35  for more than twelve successive  hours,  it  shall  be  lawful  for  any
    36  person,  from  time  to  time, and as often as it shall be necessary, to
    37  enter into and upon such impound and supply such animal  with  necessary
    38  food  and  water,  so  long  as it shall remain so confined; such person
    39  shall not be liable to any action for such  entry,  and  the  reasonable
    40  cost  of  such  food  and water may be collected by such person from the
    41  owner of such animal, and such animal shall not be exempt from levy  and
    42  sale upon execution issued upon a judgment therefor.
    43    Failure  to  provide  proper  food and drink to impounded animals is a
    44  class A misdemeanor.
    45  § 280.60 Carrying an animal in a cruel manner.
    46    A person is guilty of carrying an animal in a cruel manner when:
    47    (a) he or she carries or causes to be carried in or upon any vessel or
    48  vehicle or otherwise, any animal in a cruel or inhumane manner, or so as
    49  to produce torture; or
    50    (b) a railway corporation, or an owner, agent, consignee, or person in
    51  charge of any horses, sheep, cattle, or swine, in the course of, or  for
    52  transportation,  who  confines,  or  causes  or  suffers  the same to be
    53  confined, in cars for a  longer  period  than  twenty-eight  consecutive
    54  hours,  or  thirty-six  consecutive  hours where consent is given in the
    55  manner hereinafter provided, without unloading for rest, water and feed-

        S. 3867                             9
 
     1  ing, during five consecutive hours, unless prevented by storm or  inevi-
     2  table accident.
     3    (i)  The  consent  which  will  extend the period from twenty-eight to
     4  thirty-six hours shall be given by the owner, or by the person in custo-
     5  dy of a particular shipment, by writing  separate  and  apart  from  any
     6  printed bill of lading or other railroad form.
     7    (ii) In estimating such confinement, the time during which the animals
     8  have been confined without rest, on connecting roads from which they are
     9  received, must be computed.
    10    Carrying an animal in a cruel manner is a class A misdemeanor.
    11  § 280.65 Poisoning or attempting to poison animals in the first degree.
    12    A person is guilty of poisoning or attempting to poison animals in the
    13  first degree when he or she:
    14    (a)  unjustifiably  administers  any  poisonous  or  noxious  drug  or
    15  substance to a horse, mule or domestic cattle; or
    16    (b) unjustifiably exposes any such drug or substance with intent  that
    17  the  same shall be taken by a horse, mule or by domestic cattle, whether
    18  such horse, mule or domestic cattle is the property of  such  person  or
    19  another.
    20    Poisoning  or  attempting  to  poison animals in the first degree is a
    21  class E felony.
    22  § 280.66 Poisoning or attempting to poison animals in the second degree.
    23    A person is guilty of poisoning or attempting to poison animals in the
    24  second degree when he or she:
    25    (a)  unjustifiably  administers  any  poisonous  or  noxious  drug  or
    26  substance to an animal, other than a horse, mule or domestic cattle; or
    27    (b)  unjustifiably exposes any such drug or substance with intent that
    28  the same shall be taken by an animal other than a horse, mule or  domes-
    29  tic cattle, whether such animal is the property of such person or anoth-
    30  er.
    31    Poisoning  or  attempting  to poison animals in the second degree is a
    32  class A misdemeanor.
    33  § 280.70 Interference with or injury to certain domestic animals.
    34    A person is guilty of interference with or injury to certain  domestic
    35  animals  when  he  or  she  willfully  or unjustifiably interferes with,
    36  injures, destroys or tampers with or who willfully permits,  instigates,
    37  engages  in or in any way furthers any act by which any horse, mule, dog
    38  or any other domestic animal used for the purposes of  racing,  breeding
    39  or  competitive  exhibition  of  skill,  breed or stamina, is interfered
    40  with, injured, destroyed or tampered with, or any act tending to produce
    41  such interference, injury, destruction or tampering, whether such horse,
    42  mule, dog or other domestic animal is the property  of  such  person  or
    43  another.
    44    Interference  with  or injury to certain domestic animals is a class E
    45  felony.
    46  § 280.75 Throwing a substance injurious to animals in a public place.
    47    A person is guilty of throwing a substance injurious to animals  in  a
    48  public place when he or she willfully throws, drops or places, or causes
    49  to be thrown, dropped or placed upon any road, highway, street or public
    50  place, any glass, nails, pieces of metal, or other substance which might
    51  wound, disable or injure any animal.
    52    Throwing a substance injurious to animals in a public place is a class
    53  A misdemeanor.
    54  § 280.80 Unauthorized possession of dogs; presumptive evidence of larce-
    55             ny.

        S. 3867                            10
 
     1    The  unauthorized  possession  of a dog or dogs, by any person not the
     2  true owner, for a period exceeding ten days,  without  notifying  either
     3  the  owner,  the  local police authorities, or the superintendent of the
     4  state police of such possession, shall be presumptive evidence of larce-
     5  ny.
     6  § 280.85 Running horses on a highway.
     7    A  person  is  guilty of running horses on a highway when he or she is
     8  driving any vehicle upon any plank road, turnpike or public highway, who
     9  unjustifiably runs the horses drawing the same,  or  causes  or  permits
    10  them to run.
    11    Running horses on a highway is a class A misdemeanor.
    12  § 280.90 Clipping or cutting the ears of a dog.
    13    (a)  A  person is guilty of clipping or cutting the ears of a dog when
    14  he or she clips or cuts off or causes or procures another to clip or cut
    15  off the whole or any part of an ear of any  dog  unless  an  anaesthetic
    16  shall  have  been  given  to the dog and the operation is performed by a
    17  licensed veterinarian.
    18    (b) Each applicant for a dog license must state  on  such  application
    19  whether  any ear of the dog for which he or she applies for such license
    20  has been cut off wholly or in part.
    21    (c) Nothing in this section shall be construed as preventing  any  dog
    22  whose ear or ears have been clipped or cut off wholly or in part, not in
    23  violation of this section, from being imported into the state exclusive-
    24  ly for breeding purposes.
    25    Clipping or cutting the ears of a dog is a class A misdemeanor.
    26  § 280.95 Stealing a companion animal.
    27    A person is guilty of stealing a companion animal when he or she:
    28    (a)  removes or causes to be removed the collar, identification tag or
    29  any other identification by which the owner may be ascertained from  any
    30  dog, cat or any other companion animal, as defined in subdivision (e) of
    31  section 280.00 of this article;
    32    (b)  entices  any  identified  dog, cat or other such companion animal
    33  into or out of any house or enclosure for the purpose  of  removing  its
    34  collar, tag or any other identification, except with the owner's permis-
    35  sion;
    36    (c) entices, seizes or molests any companion animal, while it is being
    37  held  or  led by any person or while it is properly muzzled or wearing a
    38  collar with an identification tag attached, except where such action  is
    39  incidental to the enforcement of some law or regulation; or
    40    (d)  transports  any  companion  animal,  not  lawfully  in his or her
    41  possession, for the purpose of killing or selling such companion animal.
    42    Stealing a companion animal is a class A misdemeanor.
    43  § 280.100 Removing, seizing or transporting a dog for research purposes.
    44    A person is guilty of removing, seizing  or  transporting  a  dog  for
    45  research purposes when he or she removes, seizes or transports or causes
    46  to remove, seize or transport any dog which belongs to or is licensed to
    47  another  for  the  purpose of sale, barter or to give away said dog to a
    48  laboratory, hospital, research institute, medical school or  any  agency
    49  or  organization engaged in research activity, without the express writ-
    50  ten permission of the owner or licensee.
    51    Removing, seizing or transporting a dog for  research  purposes  is  a
    52  class A misdemeanor.
    53  § 280.105 Unlawfully operating upon the tails of horses.
    54    (a) A person is guilty of unlawfully operating upon the tails of hors-
    55  es when he or she:

        S. 3867                            11
 
     1    (i)  cuts  the  bone,  tissues,  muscles or tendons of the tail of any
     2  horse, mare or gelding, or otherwise operates upon it in any manner  for
     3  the  purpose or with the effect of docking, setting, or otherwise alter-
     4  ing the natural carriage of the tail, or who knowingly permits the  same
     5  to  be  done  upon  premises  of  which  he or she is the owner, lessee,
     6  proprietor or user, or who assists in or is voluntarily present at  such
     7  cutting; or
     8    (ii)  shows  or exhibits at any horse show or other like exhibition in
     9  this state a horse, mare or gelding, the tail of which has been  cut  or
    10  operated upon pursuant to subdivision (a) of this section.
    11    (1)  Provided that the provisions of this section shall not apply with
    12  respect to an animal the tail of which has been so cut or operated upon,
    13  if the owner thereof furnishes to the manager or other  official  having
    14  charge  of the horse show or exhibition at which such animal is shown or
    15  exhibited, an affidavit by the owner, or a licensed veterinarian,  in  a
    16  form approved by the department of agriculture and markets, stating that
    17  the  tail  of  such horse was so cut in a state wherein such cutting was
    18  not then specifically prohibited by the laws thereof.
    19    (2) Such affidavit shall, to the  best  of  the  affiant's  knowledge,
    20  information  and  belief,  identify the animal with respect to sex, age,
    21  markings, sire and dam, and state the time and place of such cutting and
    22  the name and address of the person by whom it was performed.
    23    (3) The affidavit shall be subject to  inspection  at  all  reasonable
    24  times  by  any  peace  officer,  acting  pursuant  to his or her special
    25  duties, or police officer of this state, or by  a  designated  represen-
    26  tative of the commissioner of agriculture and markets.
    27    (4) In lieu of furnishing such affidavit to the manager or other offi-
    28  cial  having  charge of such horse show or exhibition, the owner of such
    29  horse may specify on the entry blank for the horse  show  or  exhibition
    30  the  name  and  address  of  a central registry office designated by the
    31  department of agriculture  and  markets  where  such  an  affidavit  has
    32  already been filed and is available for inspection.
    33    (b)  If a horse is found with the bone, tissues, muscles or tendons of
    34  its tail cut as described in subdivision (a) of this section,  and  with
    35  the  wound  resulting  therefrom  unhealed,  upon the premises or in the
    36  charge and custody of  any  person,  such  fact  shall  be  prima  facie
    37  evidence  of  a  violation  of this section by the owner or user of such
    38  premises or the person having such charge or custody, respectively.
    39    Unlawfully operating upon the tails of horses is a class  A  misdemea-
    40  nor.
    41  § 280.110 Evidentiary  and  impoundment  procedures  by  members  of law
    42              enforcement.
    43    Matters relating to  the  seizure,  adoption,  care,  disposition  and
    44  destruction  of  animals  by members of law enforcement and members of a
    45  duly incorporated society for  the  prevention  of  cruelty  to  animals
    46  charged  to  enforce this article, ancillary to such enforcement of this
    47  article, shall be governed by article twenty-six of the agriculture  and
    48  markets  law  and  article  six hundred ninety of the criminal procedure
    49  law.
    50  § 280.115 Disposition of animals  through  forfeiture  procedures  after
    51              conviction.
    52    (a)  In addition to any other penalty provided by law, upon conviction
    53  for any violation of section 280.05,  280.06,  280.07,  280.10,  280.15,
    54  280.20,  280.50,  280.55,  280.60, 280.65, 280.66, 280.75, or 280.105 of
    55  this article, the convicted person may, after a duly held hearing pursu-
    56  ant to subdivision (f) of this section,  be  ordered  by  the  court  to

        S. 3867                            12
 
     1  forfeit, to a duly incorporated society for the prevention of cruelty to
     2  animals or a duly incorporated humane society or authorized agents ther-
     3  eof,  the animal or animals which are the basis of such conviction. Upon
     4  such  an  order  of  forfeiture, the convicted person shall be deemed to
     5  have relinquished all rights to the animals which are the basis of  such
     6  conviction, except those granted in subdivision (d) of this section.
     7    (b)  No  animal  in the custody of a duly incorporated society for the
     8  prevention of cruelty to animals, a duly  incorporated  humane  society,
     9  duly incorporated animal protective association, pound or its authorized
    10  agents  thereof,  shall be sold, transferred or otherwise made available
    11  to any person for the purpose of research, experimentation  or  testing.
    12  No authorized agent of a duly incorporated society for the prevention of
    13  cruelty  to  animals,  nor  of  a duly incorporated humane society, duly
    14  incorporated animal protective association or pound shall use any animal
    15  placed  in  its  custody  by  the  duly  incorporated  society  for  the
    16  prevention of cruelty to animals or duly incorporated humane society for
    17  the purpose of research, experimentation or testing.
    18    (c)  The court may additionally order that the convicted person or any
    19  person dwelling in the same household who conspired, aided or abetted in
    20  the unlawful act which was the basis of the conviction, or who  knew  or
    21  should  have  known  of the unlawful act, shall not own, harbor, or have
    22  custody or control of any other animals, other than farm animals, for  a
    23  period of time which the court deems reasonable.
    24    (d)  In  the  case  of farm animals, the court may, in addition to the
    25  forfeiture to a duly incorporated society for the prevention of  cruelty
    26  to  animals  or  a duly incorporated humane society or authorized agents
    27  thereof, and subject to the restrictions of section 280.45 of this arti-
    28  cle and section three hundred fifty-seven of the agriculture and markets
    29  law, order the farm animals which were the basis of such  conviction  to
    30  be  sold.  In  no  case  shall  farm  animals which are the basis of the
    31  conviction be redeemed by the convicted person who is the subject of the
    32  order of forfeiture or by any person dwelling in the same household  who
    33  conspired,  aided  or abetted in the unlawful act which was the basis of
    34  such conviction, or who knew or should have known of the  unlawful  act.
    35  The  court  shall reimburse the convicted person and any duly determined
    36  interested persons, pursuant to subdivision (f)  of  this  section,  any
    37  money  earned  by the sale of the farm animals less any costs including,
    38  but not limited to, veterinary and custodial  care,  and  any  fines  or
    39  penalties  imposed  by  the  court. The court may order that the subject
    40  animals be provided with appropriate  care  and  treatment  pending  the
    41  hearing  and  the  disposition  of  the charges. Any farm animal ordered
    42  forfeited but not sold shall be remanded to the custody and charge of  a
    43  duly  incorporated  society  for the prevention of cruelty to animals or
    44  duly incorporated humane society or its  authorized  agent  thereof  and
    45  disposed of pursuant to subdivision (e) of this section.
    46    (e)  A  duly  incorporated  society  for  the prevention of cruelty to
    47  animals or a duly incorporated  humane  society  in  charge  of  animals
    48  forfeited  pursuant  to  subdivision  (a)  of  this  section may, in its
    49  discretion, lawfully and without liability, adopt  them  to  individuals
    50  other than the convicted person or person dwelling in the same household
    51  who  conspired, aided or abetted in the unlawful act which was the basis
    52  of such conviction, or who knew or should have  known  of  the  unlawful
    53  act,  or  humanely euthanize them according to the provisions of section
    54  three hundred seventy-four of the agriculture and markets law.
    55    (f) (i) Prior to an order of forfeiture of  farm  animals,  a  hearing
    56  shall be held within thirty days of conviction, to determine the pecuni-

        S. 3867                            13
 
     1  ary  interests  of  any  other person in the farm animals which were the
     2  basis of the conviction. Written notice shall be served  at  least  five
     3  days  prior  to  the  hearing upon all interested persons.  In addition,
     4  notice  shall be made by publication in a local newspaper at least seven
     5  days prior to the hearing. For the purposes of this subdivision,  inter-
     6  ested  persons shall mean any individual, partnership, firm, joint stock
     7  company, corporation, association, trust, estate, or other legal  entity
     8  who  the  court  determines  may  have a pecuniary interest in such farm
     9  animals.
    10    (ii) All interested persons shall be provided an  opportunity  at  the
    11  hearing to redeem their interest as determined by the court in such farm
    12  animals  and  to  purchase  the  interest  of  the convicted person. The
    13  convicted person shall be entitled to be reimbursed his or her  interest
    14  in  the  farm animals, less any costs, fines or penalties imposed by the
    15  court, as specified under subdivision (d) of this section.  In  no  case
    16  shall  the  court  award custody or control of the animals to any inter-
    17  ested person who conspired, aided or abetted in the unlawful  act  which
    18  was  the  basis  of such conviction, or who knew or should have known of
    19  such unlawful act.
    20    (g) Nothing in this section shall be construed to limit or restrict in
    21  any way the rights of a secured party having a security interest in  any
    22  farm  animal  described in this section. This section expressly does not
    23  impair or subordinate the rights of such a secured lender having a secu-
    24  rity interest in farm animals or in the proceeds from the sale  of  such
    25  farm animals.
    26  § 280.120 Officer  may  take possession of animals or implements used in
    27              fights among animals.
    28    Any officer authorized by  law  to  make  arrests  may  lawfully  take
    29  possession  of  any  animals,  or  implements, or other property used or
    30  employed, or about to be used or  employed,  in  the  violation  of  any
    31  provision of law relating to fights among animals. He or she shall state
    32  to  the person in charge thereof, at the time of such taking, his or her
    33  name and residence, and also, the time and place at which  the  applica-
    34  tion provided for by section 280.125 of this article will be made.
    35  § 280.125 Disposition  of  animals  or  implements  used in fights among
    36              animals.
    37    An officer, after taking possession of such animals, or implements, or
    38  other property, pursuant to section 280.120 of this article, shall apply
    39  to the magistrate before which the complaint was made against the offen-
    40  der violating such provision of law, for the order described herein, and
    41  shall make and file an affidavit with such magistrate,  stating  therein
    42  the  name of the offender charged in such complaint, the time, place and
    43  description of the animals,  implements  or  other  property  so  taken,
    44  together  with  the name of the party who claims the same, if known, and
    45  that the affiant has reason to believe and  does  believe,  stating  the
    46  grounds  of  such  belief,  that the same were used or employed, or were
    47  about to be used or employed, in such violation, and will establish  the
    48  truth  thereof  upon  the  trial  of such offender. He or she shall then
    49  deliver such animals, implements, or other property, to such magistrate,
    50  who shall thereupon, by order in writing, place the same in the  custody
    51  of an officer or other proper person named and designated in such order,
    52  to be kept until the trial or final discharge of the offender, and shall
    53  send  a  copy  of such order, without delay, to the district attorney of
    54  the county. The officer or person named and designated  in  such  order,
    55  shall  immediately  thereupon assume such custody, and shall retain such
    56  for the purpose of evidence upon such trial, subject to the order of the

        S. 3867                            14
 
     1  court before which such offender may be required to appear, until his or
     2  her final discharge or conviction. Upon the conviction of such offender,
     3  the animals, implements, or other property, shall  be  adjudged  by  the
     4  court to be forfeited. In the event of the acquittal or final discharge,
     5  without  conviction,  of  such  offender,  such  court shall, on demand,
     6  direct the delivery of the property held in custody to the owner  there-
     7  of.
     8    § 4. Paragraph (a) of subdivision 24 of section 108 of the agriculture
     9  and  markets  law,  as  amended  by  chapter 392 of the laws of 2004, is
    10  amended to read as follows:
    11    (a) "Dangerous dog" means any  dog  which  (i)  without  justification
    12  attacks  a person, companion animal as defined in subdivision [five] (e)
    13  of section [three hundred fifty of this chapter]  280.00  of  the  penal
    14  law,  farm animal as defined in subdivision [four] (d) of section [three
    15  hundred fifty of this chapter] 280.00  of  the  penal  law  or  domestic
    16  animal  as defined in subdivision seven of this section and causes phys-
    17  ical injury or death, or (ii) behaves in a  manner  which  a  reasonable
    18  person  would believe poses a serious and unjustified imminent threat of
    19  serious physical injury or death  to  one  or  more  persons,  companion
    20  animals, farm animals or domestic animals or (iii) without justification
    21  attacks  a  service  dog,  guide  dog or hearing dog and causes physical
    22  injury or death.
    23    § 5. Subdivision 1 and paragraph (b) of subdivision 2 of  section  123
    24  of  the  agriculture and markets law, as amended by section 18 of part T
    25  of chapter 59 of the laws of 2010, are amended to read as follows:
    26    1. Any person who witnesses an attack or threatened attack, or in  the
    27  case  of  a  minor,  an adult acting on behalf of such minor, may make a
    28  complaint of an attack or threatened attack  upon  a  person,  companion
    29  animal  as defined in subdivision (e) of section [three hundred fifty of
    30  this chapter] 280.00 of the penal law, farm animal as defined in  [such]
    31  subdivision  (d)  of  section  [three hundred fifty] 280.00 of the penal
    32  law, or a domestic animal as defined in subdivision seven of section one
    33  hundred eight of this article to a dog control officer or police officer
    34  of the appropriate municipality. Such officer shall  immediately  inform
    35  the complainant of his or her right to commence a proceeding as provided
    36  in  subdivision  two  of this section and, if there is reason to believe
    37  the dog is a dangerous dog, the officer shall  forthwith  commence  such
    38  proceeding himself or herself.
    39    (b)  secure, humane confinement of the dog for a period of time and in
    40  a manner deemed appropriate by the court  but  in  all  instances  in  a
    41  manner  designed  to:  (1)  prevent  escape  of the dog, (2) protect the
    42  public from unauthorized contact with the dog, and (3)  to  protect  the
    43  dog  from  the elements pursuant to section [three hundred fifty-three-b
    44  of this chapter] 280.00 of the penal law.   Such confinement  shall  not
    45  include lengthy periods of tying or chaining;
    46    §  6.  Section  332  of the agriculture and markets law, as amended by
    47  chapter 449 of the laws of 2010, is amended to read as follows:
    48    § 332. Disposition. Any person having in his or her care, custody,  or
    49  control  any abandoned animal, as defined in section three hundred thir-
    50  ty-one of this article, may deliver such animal to any duly incorporated
    51  society for the prevention of cruelty to animals or  any  duly  incorpo-
    52  rated  humane society having facilities for the care and eventual dispo-
    53  sition of such animals, or, in the case of dogs, cats  and  other  small
    54  animals,  to any pound maintained by or under contract or agreement with
    55  any county, city, town, or village within which such  animal  was  aban-
    56  doned.  The person with whom the animal was abandoned shall, however, on

        S. 3867                            15

     1  the day of divesting himself or herself of  possession  thereof,  notify
     2  the  person who had placed such animal in his or her custody of the name
     3  and address of the animal society or pound to which the animal has  been
     4  delivered,  such  notice  to  be by registered letter mailed to the last
     5  known address of the person intended to be so notified. If an animal  is
     6  not  claimed  by  its owner within five days after being so delivered to
     7  such duly incorporated society for the prevention of cruelty to animals,
     8  duly incorporated humane society or pound, such animal may at  any  time
     9  thereafter  be  placed for adoption in a suitable home [or euthanized in
    10  accordance with the provisions of section three hundred seventy-four  of
    11  this  chapter].  In  no event, however, shall the use of a decompression
    12  chamber or decompression device of any kind be used for the  purpose  of
    13  destroying or disposing of such animal.
    14    §  7.  Paragraph  a of subdivision 6 of section 373 of the agriculture
    15  and markets law, as amended by chapter 289  of  the  laws  of  2018,  is
    16  amended to read as follows:
    17    a. If any animal is seized and impounded pursuant to the provisions of
    18  this  section,  section  [three  hundred  fifty-three-d of this article]
    19  280.30 of the penal law or section three hundred  seventy-five  of  this
    20  article  for any violation of this article, upon arraignment of charges,
    21  or within a reasonable time thereafter, the  duly  incorporated  society
    22  for  the prevention of cruelty to animals, humane society, pound, animal
    23  shelter or any authorized agents thereof, hereinafter  referred  to  for
    24  the  purposes of this section as the "impounding organization", may file
    25  a petition with the court in which  criminal  charges  have  been  filed
    26  requesting that the person from whom an animal is seized or the owner of
    27  the  animal  be ordered to post a security. The district attorney prose-
    28  cuting the charges may file and obtain the requested relief on behalf of
    29  the impounding organization if requested to  do  so  by  the  impounding
    30  organization.  The  security  shall be in an amount sufficient to secure
    31  payment for all reasonable expenses  expected  to  be  incurred  by  the
    32  impounding  organization  in caring and providing for the animal pending
    33  disposition of the charges. Reasonable expenses shall include,  but  not
    34  be  limited to, estimated medical care and boarding of the animal for at
    35  least thirty days. The amount of the security, if any, shall  be  deter-
    36  mined  by the court after taking into consideration all of the facts and
    37  circumstances of the case including, but not limited to the  recommenda-
    38  tion  of  the  impounding  organization  having  custody and care of the
    39  seized animal and the cost of caring for the animal. If a  security  has
    40  been posted in accordance with this section, the impounding organization
    41  may draw from the security the actual reasonable costs to be incurred by
    42  such organization in caring for the seized animal.
    43    §  8.  Subdivision 6 of section 399-aa of the general business law, as
    44  added by chapter 573 of the laws of 2002, is amended to read as follows:
    45    6. (a) No provision of this section shall be construed to prohibit  or
    46  interfere  with  any properly conducted scientific tests, experiments or
    47  investigations involving the use of dog or cat fur or  flesh,  performed
    48  or  conducted  in  laboratories  or institutions, which are approved for
    49  these purposes by the state commissioner of health  in  accordance  with
    50  section  [three  hundred  fifty-three  of  the  agriculture and markets]
    51  280.10 of the penal law.
    52    (b) No provision of this section shall be construed  to  prohibit  any
    53  person, firm, partnership or corporation from importing, selling, offer-
    54  ing  for  sale,  manufacturing, distributing, transporting, or otherwise
    55  marketing or trading in the fur, hair, skin, or flesh of a  domesticated
    56  dog  or cat for the purposes of conducting scientific tests, experiments

        S. 3867                            16
 
     1  or investigations that are to be performed or conducted in  laboratories
     2  or  institutions,  which  are  approved  for these purposes by the state
     3  commissioner of health in accordance with section [three hundred  fifty-
     4  three of the agriculture and markets] 280.10 of the penal law.
     5    §  9.  Subdivision  1  of  section  352.3  of the family court act, as
     6  amended by chapter 532 of the laws  of  2008,  is  amended  to  read  as
     7  follows:
     8    (1)  Upon  the  issuance  of an order pursuant to section 315.3 or the
     9  entry of an order of disposition pursuant to section 352.2, a court  may
    10  enter  an  order  of  protection  against  any respondent for good cause
    11  shown. The order may require that the respondent: (a) stay away from the
    12  home, school, business or place of employment  of  the  victims  of  the
    13  alleged  offense; or (b) refrain from harassing, intimidating, threaten-
    14  ing or otherwise interfering with the victim or victims of  the  alleged
    15  offense  and  such  members of the family or household of such victim or
    16  victims as shall be specifically named by the court in  such  order;  or
    17  (c)  refrain  from intentionally injuring or killing, without justifica-
    18  tion, any companion animal the respondent knows to be owned,  possessed,
    19  leased,  kept  or  held  by the person protected by the order or a minor
    20  child residing in such person's household. "Companion animal",  as  used
    21  in  this  subdivision,  shall  have  the  same meaning as in subdivision
    22  [five] (e) of section  [three  hundred  fifty  of  the  agriculture  and
    23  markets] 280.00 of the penal law.
    24    §  10.  Paragraph  2  of  subdivision (h) of section 446 of the family
    25  court act, as amended by chapter 526 of the laws of 2013, is amended  to
    26  read as follows:
    27    2.  "Companion  animal",  as used in this section, shall have the same
    28  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    29  the agriculture and markets] 280.00 of the penal law;
    30    §  11.  Paragraph  2  of  subdivision (i) of section 551 of the family
    31  court act, as amended by chapter 526 of the laws of 2013, is amended  to
    32  read as follows:
    33    2.  "Companion  animal",  as used in this section, shall have the same
    34  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    35  the agriculture and markets] 280.00 of the penal law;
    36    §  12.  Paragraph  2  of  subdivision (i) of section 656 of the family
    37  court act, as amended by chapter 526 of the laws of 2013, is amended  to
    38  read as follows:
    39    2.  "Companion  animal",  as used in this section, shall have the same
    40  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    41  the agriculture and markets] 280.00 of the penal law;
    42    §  13.  Paragraph  2  of  subdivision (h) of section 759 of the family
    43  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
    44  read as follows:
    45    2.  "Companion  animal",  as used in this section, shall have the same
    46  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    47  the agriculture and markets] 280.00 of the penal law;
    48    §  14.  Paragraph  2  of  subdivision (i) of section 842 of the family
    49  court act, as amended by chapter 526 of the laws of 2013, is amended  to
    50  read as follows:
    51    2.  "Companion  animal",  as used in this section, shall have the same
    52  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    53  the agriculture and markets] 280.00 of the penal law;
    54    § 15. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056
    55  of  the family court act, as amended by chapter 526 of the laws of 2013,
    56  is amended to read as follows:

        S. 3867                            17
 
     1    2. "Companion animal", as used in this section, shall  have  the  same
     2  meaning  as in subdivision [five] (e) of section [three hundred fifty of
     3  the agriculture and markets] 280.00 of the penal law;
     4    §  16.  Clause (B) of subparagraph 6 of paragraph (a) of subdivision 1
     5  of section 530.12 of the criminal procedure law, as amended  by  chapter
     6  526 of the laws of 2013, is amended to read as follows:
     7    (B)  "Companion  animal", as used in this section, shall have the same
     8  meaning as in subdivision [five] (e) of section [three hundred fifty  of
     9  the agriculture and markets] 280.00 of the penal law;
    10    §  17.  Subparagraph  2 of paragraph (c) of subdivision 1 and subpara-
    11  graph 2 of paragraph (c) of subdivision 4 of section 530.13 of the crim-
    12  inal procedure law, as added by chapter 253 of the  laws  of  2006,  are
    13  amended to read as follows:
    14    2.  "Companion  animal",  as used in this section, shall have the same
    15  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    16  the agriculture and markets] 280.00 of the penal law.
    17    2.  "Companion  animal",  as used in this section, shall have the same
    18  meaning as in subdivision [five] (e) of section [three hundred fifty  of
    19  the agriculture and markets] 280.00 of the penal law.
    20    § 18. Paragraph (v) of subdivision 8 of section 700.05 of the criminal
    21  procedure law, as added by chapter 91 of the laws of 2017, is amended to
    22  read as follows:
    23    (v)  Any  of the acts designated as felonies in section [three hundred
    24  fifty-one of the agriculture and markets] 280.05 of the penal law.
    25    § 19. The opening paragraph of paragraph e of subdivision 6 of section
    26  11-0103 of the environmental conservation law, as amended by chapter  10
    27  of the laws of 2005, is amended to read as follows:
    28    "Wild  animal"  shall  not  include  "companion  animal" as defined in
    29  section [three hundred fifty of the agriculture and markets]  280.00  of
    30  the  penal  law.  Wild animal includes, and is limited to, any or all of
    31  the following orders and families:
    32    § 20. Paragraph (b) of subdivision 1 of section 1264-a of  the  public
    33  authorities law, as added by chapter 378 of the laws of 2017, is amended
    34  to read as follows:
    35    (b)  "Domestic  companion  animal"  means a companion animal or pet as
    36  defined in subdivision (e) of section [three hundred fifty of the  agri-
    37  culture  and  markets]  280.00  of the penal law and shall also mean any
    38  other domesticated animal normally maintained in or near  the  household
    39  of  the  owner  or  person who cares for such other domesticated animal.
    40  "Pet" or "companion animal"  shall  not  include  a  "farm  animal",  as
    41  defined  in subdivision (d) of section [three hundred fifty of the agri-
    42  culture and markets] 280.00 of the penal law.
    43    § 21. Subdivision a of section 17-1601 of the administrative  code  of
    44  the  city of New York, as added by local law number 4 of the city of New
    45  York for the year 2014, is amended to read as follows:
    46    a. "Animal abuse crime" shall mean any of the following:
    47    1. animal fighting, as defined in [section three hundred fifty-one  of
    48  the  agriculture and markets] sections 280.05, 280.06, and 280.07 of the
    49  penal law;
    50    2. overdriving, torturing or  injuring  animals;  failure  to  provide
    51  proper  sustenance,  as defined in section [three hundred fifty-three of
    52  the agriculture and markets] 280.10 of the penal law;
    53    3. aggravated cruelty to animals, as defined in section [three hundred
    54  fifty-three-a of the agriculture and markets] 280.15 of the penal law;

        S. 3867                            18
 
     1    4. electrocution of fur-bearing animals, as defined in section  [three
     2  hundred  fifty-three-c  of  the  agriculture  and markets] 280.25 of the
     3  penal law;
     4    5.  abandonment  of  animals,  as  defined  in  section [three hundred
     5  fifty-five of the agriculture and markets]  280.50 of the penal law;
     6    6. failure to provide proper food and drink to an impounded animal, as
     7  defined in section [three  hundred  fifty-six  of  the  agriculture  and
     8  markets] 280.55 of the penal law;
     9    7.  poisoning  or attempting to poison animals, as defined in [section
    10  three hundred sixty of the agriculture and markets] sections 280.65  and
    11  280.66 of the penal law;
    12    8. interference with or injury to certain domestic animals, as defined
    13  in  section  [three  hundred  sixty-one  of the agriculture and markets]
    14  280.70 of the penal law;
    15    9. harming a service animal in the first degree, as defined in section
    16  242.15 of the penal [code] law; or
    17    10. an offense in any other jurisdiction which  includes  all  of  the
    18  essential elements of any such crime provided for in paragraph one, two,
    19  three, four, five, six, seven, eight, or nine of this subdivision.
    20    §  22.  Subdivision  d of section 20-383 of the administrative code of
    21  the city of New York, as amended by local law number 2 of  the  city  of
    22  New York for the year 1994, is amended to read as follows:
    23    d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
    24  section, any driver of a horse drawn cab found guilty of  one  violation
    25  of  subdivision  d  of  section  20-381.1 of the code or sections [three
    26  hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
    27  through  three  hundred sixty-two or three hundred sixty-nine of the New
    28  York state agriculture and markets law] 280.05, 280.06, 280.07,  280.10,
    29  280.15,  280.20, 280.25, 280.30, 280.35, 280.40, 280.45, 280.50, 280.55,
    30  280.60, 280.65, 280.66, 280.70 or 280.75 of the  penal  law  or  who  is
    31  found  guilty of a violation of this subchapter while his or her license
    32  is suspended, shall have his or her  license  revoked.  A  driver  whose
    33  license has been revoked in accordance with this provision may not apply
    34  for a new license for five years from the date of revocation.
    35    § 23. This act shall take effect immediately.
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